Bill Text: TX SB1120 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to certain notice and protest provisions applicable to municipal zoning changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-18 - Referred to Local Government [SB1120 Detail]

Download: Texas-2021-SB1120-Introduced.html
  87R1207 SMT-D
 
  By: Johnson S.B. No. 1120
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain notice and protest provisions applicable to
  municipal zoning changes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 211.006(a) and (d), Local Government
  Code, are amended to read as follows:
         (a)  The governing body of a municipality wishing to exercise
  the authority relating to zoning regulations and zoning district
  boundaries shall establish procedures for adopting, revising, and
  enforcing the regulations and boundaries. The adoption of initial
  zoning regulations and zoning district boundaries, a comprehensive
  revision of the regulations or boundaries, or an amendment of a
  regulation that applies uniformly across boundaries or areas of the
  municipality [A regulation or boundary] is not effective until
  after a public hearing on the matter at which parties in interest
  and citizens have an opportunity to be heard. Before the 15th day
  before the date of the hearing, notice of the time and place of the
  hearing must be published in an official newspaper or a newspaper of
  general circulation in the municipality.
         (d)  A [If a] proposed change to a regulation or boundary
  that only affects an individual lot or a limited area of contiguous
  lots or land may be [is] protested in accordance with this
  subsection. If protested, the proposed change must receive, in
  order to take effect, the affirmative vote of at least
  three-fourths of all members of the governing body. The protest
  must be written and signed by the owners of at least 20 percent of
  either:
               (1)  the area of the lots or land covered by the
  proposed change; or
               (2)  the area of the lots or land immediately adjoining
  the area covered by the proposed change and extending 200 feet from
  that area.
         SECTION 2.  Section 211.007(c), Local Government Code, is
  amended to read as follows:
         (c)  Before the 10th day before the hearing date, written
  notice of each public hearing before the zoning commission on a
  proposed change in a zoning classification of an individual
  property or a limited area of contiguous properties shall be sent to
  each owner, as indicated by the most recently approved municipal
  tax roll, of real property within 200 feet of the property or area
  on which the change in classification is proposed. The notice may
  be served by its deposit in the municipality, properly addressed
  with postage paid, in the United States mail. If the property
  within 200 feet of the property or area on which the change is
  proposed is located in territory annexed to the municipality and is
  not included on the most recently approved municipal tax roll, the
  notice shall be given in the manner provided by Section 211.006(a).
         SECTION 3.  The amendments made by this Act to Sections
  211.006 and 211.007, Local Government Code, are a clarification of
  existing law and do not imply that existing Sections 211.006 and
  211.007, Local Government Code, may be construed as inconsistent
  with those sections as amended by this Act.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.
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